HomeMy WebLinkAbout09-5712
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LEZZER LUMBER, INC., a Pennsylvania
corporation
Claimant,
V.
INSITE DEVELOPMENT, LLC
a Pennsylvania limited liability company,
Owners or Reputed Owner.
CIVIL DIVISION
No. 6 V / s - r" --V
STATEMENT OF MECHANICS'
LIEN CLAIM for 2055 Technology
Parkway, Mechanicsburg
Filed on behalf of Claimant,
LEZZER LUMBER, INC.
Counsel of Record for this Party:
Elizabeth A. Dupuis, Esquire
PA ID #80149
BABST, CALLAND, CLEMENTS &
ZOMNIR, PC
330 Innovation Blvd., Suite 302
State College, PA 16803
Firm No. 812
(814) 867-8055
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LEZZER LUMBER, INC., a Pennsylvania
corporation
Claimant,
V.
INSITE DEVELOPMENT, LLC
a Pennsylvania limited liability company,
Owners or Reputed Owner.
CIVIL DIVISION
No.
0,7 5-71 a- /11 LP
STATEMENT OF MECHANICS' LIEN CLAIM
for 2055 Technology Parkway, Mechanicsburg
Claimant Lezzer Lumber, Inc. ("Lezzer"), by its attorneys, Babst, Calland, Clements and
Zomnir, P.C., files this Statement of Mechanics' Lien Claim as a contractor pursuant to the
Mechanics' Lien Law of 1963, 49 P. S. §1101 et seq., as amended, against the premises herein
described, any and all buildings erected thereupon, and the cartilage appurtenant thereto, for the
payment of $32,847.83 together with interest, due to it as contractor. The following is a
statement of its claim:
1. Claimant Lezzer is a Pennsylvania corporation with its principal place of business
located at 332 Schofield Street, Curwensville, Pennsylvania, 16833.
2. The Owner or Reputed Owner Insite Development, LLC, ("Insite Development")
is a Pennsylvania limited liability company having a registered office at 1943 Monterey Drive,
Mechanicsburg, Pennsylvania, 17050.
3. Upon information and belief, Insite Development is the fee simple title holder to
the property described more fully herein, but generally known and municipally numbered as
2055 Technology Parkway, Mechanicsburg, Cumberland County, Pennsylvania (the
"Premises").
4. The Premises is designated by the Recorder of Deeds of Cumberland County as
Lot #5, Final ReSubdivision Plans Phase 2A and 2B for Cumberland Technology Park, recorded
in the Cumberland County Recorder of Deeds Office in Plan Book 81, Page 53 (the "Plan of
Lots"), situate in the Township of Hampden, County of Cumberland, Pennsylvania. The
Premises is also described in the deed dated March 9, 2007 and recorded in the office of the
Cumberland County Recorder of Deeds in Record Book 279, Page 396 (the "Deed"). A copy of
the recorded Deed is attached hereto as Exhibit "A" and incorporated herein by reference.
5. Lezzer entered into a contract ("Contract") with Insite Development beginning in
or about May 2, 2008 whereby Lezzer was to provide materials to the Premises. A true and
correct copy of the most recent invoice for materials ("Invoice") delivered to the Premises owned
by Insite Development and the Contract are attached hereto as Exhibit "B".
6. Lezzer through the Contract with Insite Development was a materialman
contractor that furnished materials to the Premises, including, but not limited to, vanity tops,
closet doors and tub wall kits.
7. The Contract attached in Exhibit "B" was approved/accepted by Insite
Development.
8. Lezzer provided materials to the Premises pursuant to the Contract as described
more fully in the Invoice attached in Exhibit "B".
9. Lezzer provided all materials in a good and workmanlike manner, with the final
delivery to the Premises occurring on or about April 1, 2009.
10. In an abundance of caution and to comply with the Mechanics' Lien Law,
although not required to do so as Lezzer's Contract was directly with the property owner, on
March 27, 2009, Lezzer furnished Insite Development with formal notice of Lezzer's intention to
file a mechanics' lien. A true and correct copy of the notice is attached hereto as Exhibit "C".
2
11. Lezzer files this consolidated claim pursuant to Section 1306 of the Pennsylvania
Mechanics' Lien Law for the work performed upon the Premises pursuant to its Invoices with
Insite Development. 49 P. S. §1306.
12. The total amount claimed by Lezzer to be due is $32,847.83 together with
interest, due to it as subcontractor to Insite Development.
13. This lien is claimed against the fee simple interest of Insite Development in the
Premises.
Respectfully submitted,
BABST, CALLAND, CLEMENTS
& ZOMNIR, P.C.
Dated: August 18, 2009 By: l?
E izabe A. Dupuis, squir
PA ID #80149
330 Innovation Blvd., Suite 302
State College, PA 16803
(814) 867-8055
Firm ID No. 812
Counsel for Claimant Lezzer Lumber, Inc.
3
VERIFICATION
I, Thomas Yontosh, Credit Manager of Lezzer Lumber, Inc., a Pennsylvania corporation,
verify that facts set forth in the foregoing Statement of Mechanics' Lien are true and correct to
the best of my knowledge, information and belief. I understand that false statements made
therein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn
falsifications to authorities.
LEZZER L ER,
BY:
Tho s Yont sh
Date: 9- I r- 0 2
rP BEAT P. ZIECLER
L9 'ECORDER OF DEED!
l W MOB 12 AM 8 42
THIS DEED
Tax Parcel Nos. 10-14-0839-023
Made the day of March, in the year of our Lord two thousand seven (2007)
Befiveen MT. ZION ASSOCIATES L.P., a Pennsylvania limited partnership, party of
the first part. ("Grantor")
AND
INSITE DEVELOPMENT, LLC, a Pennsylvania limited liability company,
party of the second part ("Grantee")
WITNESSETH, that the said Grantor, for and in consideration of the sum of Eight
Hundred Forty Thousand and 00/100 ($840,000.00) Dollars lawful money of the United
States unto Grantor well and truly paid by the Grantee, the receipt of which is hereby
acknowledged, does hereby grant, bargain, sell, alien, enfeoff, release, convey and confirm
unto the said Grantee, Grantee's successors and assigns,
LOT 5:
ALL THAT CERTAIN tract of land situate in the Township of Hampden,
Cumberland County, Pennsylvania known as Lot 5 on the Final ReSubdivision Plans
Phase 2A and 2B for Cumberland Technology Park recorded in Plan Book 81 page 53
and bounded and described as follows:
BEGINNING at an iron pin, said point being the southeastern comer of the
intersection of Mt. Zion Road, having a 50 foot legal right-of-way and Technology
Parkway, having a 80 foot legal right-of-way; thence along the southern right-of-way
line of Mt. Zion Road South 79 degrees 33 minutes 17 seconds East a distance of
180.68 feet to a point on said southern right-of-way line of Mt. Zion Road; thence
leaving said right-of-way line and along the property now or formerly Russel C. Meck &
Anna E. Meck South 14 degrees 40 minutes 43 seconds West a distance of 152.88
feet to a point; thence continuing along the property now or formerly Russel C. Meck &
Anna E. Meck South 79 degrees 33 minutes 17 seconds East a distance of 99.79 feet
to a point on the line of property now or formerly Larry S. Myers and Audrey M. Myers;
thence along said property now or formerly Larry S. Myers and Audrey M. Myers South
26 degrees 08 minutes 36 seconds West a distance of 272.25 feet to an iron pin, said
point being the common comer of now or formerly Larry S. Myers and Audrey M. Myers,
now or formerly Pinnacle Health Hospitals and the tract of land herein described;
thence along said now or formerly Pinnacle Health Hospitals South 62 degrees 20
minutes 41 seconds West a distance of 157.13 feet to an iron pin on the eastern right-
SLI 707568v 1/000000.00000
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.396
of-way line of Technology Parkway; thence along said eastern right-of-way line of
Technology Parkway along a curve to the right having a radius of 455 feet and a length
of 302.72 feet to an iron pin on the eastern right-of-way line of Technology Parkway;
thence continuing along the eastern right-of-way line of Technology Parkway North 10
degrees 27 minutes 53 seconds East, a distance of 205.62 feet to an iron pin on the
eastern right-of-way line of Technology Parkway; thence continuing along the eastern
right-of-way line of Technology Parkway along a curve to the right having a radius of
25.00 feet and a length of 39.26 feet to an iron pin on the eastern right-of-way line of
Technology Parkway, said point being the juncture of Technology Parkway and Mt. Zion
Road, said also being the place of BEti1NNING.
CONTAINING 104,584.05 square feet (2.401 acres), more or less.
EXCEPTING AND RESERVING a 20 foot wide trail easement and a detention
basin easement more particularly bounded and described on Final Resubdivision Plans,
Phase 2A & 2B for Cumberland Technology Park, recorded in Cumberland County Plan
Book 81 Page 53.
BEING A portion of property which McNaughton Properties, Inc., a Pennsylvania
corporation, by deed dated November 4, 1997 and recorded November 5, 1997 in
Cumberland County Deed Book 167, Page 327, granted and conveyed unto Mt. Zion
Associates L.P., a Pennsylvania Limited Partnership.
Being Tax Parcel 10-14-0839-023
UNDER AND SUBJECT to all restrictions, reservations, easements, covenants,
conditions and rights-of-way of record.
TOGETHER with all and singular the hereditaments and appurtenances
thereunto belonging or in anywise appertaining and the reversions and remainders,
rents, issues and profits thereof and all the estate, right, title, interest, property, claim
and demand whatsoever of the Grantor, in law, equity or otherwise, of, in and to the
same and every part thereof.
TO HAVE AND TO HOLD the above-described premises with the
appurtenances unto the Grantee, Grantee's successors and assigns, forever.
AND the said Grantor hereby covenants and agrees that it will warrant specially
the property hereby conveyed.
SLl 707568v1/000000.00000
5001 2n PAGE 397
?n Witness Whereof, the Grantor has hereunto set its hand and seal the day and year
first above written.
ATTEST:
(Asst.) Secretary
Mt. Zion Associates, L.P. by its sole
General Partner, Mt. Zion Associates, Inc.
By:
Phi Markovitz
Vice President
Commonwen f Pennsylvania .
. SS..
County of
On this, the ? day of March, 2007, before me, a Notary Public, the
undersigned officer, personally appeared Philip Markovitz, Vice President of Mt. Zion
Associates, Inc., a Pennsylvania corporation, the sole general partner of Mt. Zion
Associates L.P., a Pennsylvania limited partnership, known to me (or satisfacto '
proven) to be the person whose name is subscribed to the within deed and
acknowledged that he as such officer executed the same for the pu
contained on behalf of the corporation, as general partner of the limited
In Witness Whereof, I hereunto set my ffano and official seal.
NOTARIAL SEAL / .
DEBORAH N. KOONS, Notvy Public ?A?Mojo;yfton Swau n Twp=m
commas im 3, Expires:
I Hereby Certify that the precise residence of the Grantee is:
1943 Monterey Drive.
Mechanicsburg, PA 17050
SL 1707568v 1/000000.00000
Attorney for Grantee
8-60 279 PAGE 398
.._.._
Commonwealth of Pennsylvania
SS..
County of Cumberland
Recorded on this day of , 2006, in the Cumberland
County Recorder of Deeds Office in Record/Deed Book , Volume , Page
Given under my hand and the seal of the said Office the date above written.
Cumberland County Recorder of Deeds
S:1Legall3eedslCumberiandTech-DeedtoinsiteDev.wpd 3/9/07 12:58 PM
I Certify this to be recorded
hi Cumberland County PA
.,i
??• Recorder of Deeds
SL I 707568V 1/000M.00000
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STATEMENT r
STATEMENT ¦
CUSTOMER DATE _ I PAG INSITE DEVELOPMENT INC.
H31911.59 05/01/09 1 H3191159
11078825 N BILLING INQUIRIES 717-526-4781
PLEASE W RITE Y OUR CUSTOMER NUMBER ON YOU R CHEC K.
TRANSACTION TRANSACTION TRANS. INVOIC E AGING PLEASE CHECK
NUMBER STORE -
DATE TYPE AMOUNT DATE
DUE CIP_ 30 60 90 120 ITEMS BEING PAID
43009
i 18 04/30/09 FC 460.98
I
A FINANCE CHARGE OF 1-112% PER MUNTM WHICH IS AN ANNUAL HAI It UY 787. WILL Ct AOJCJJtU UN ALL rAJ I UUt
n/+C - - - TC A? ABC KICT 7A nAVC
PREVIOUS BALANCE
32386.85 CURRENT CHGICRD CURRENT PMTS.
0.00 0.00 FINANCE CHARGE NEW BAUAMT. DUE
460.98 32847.83
CURRENT -T 31-60 DAYS 61-90 DAYS 91-120 DAYS 121 DAYS & OVER ACCUM.LATE CHG.
460.98 6526.62` 25860.23 0.00 0.00
LEZZER LUMBER CO.
PO Box 6424
Lancaster, PA 17607
Forward Service Requested
STATEMENT ENCLOSED INSITE DEVELOPMENT INC.
COMFORT SUITES HOTEL JOB
1943 MONTEREY DRIVE
MECHANICSBURG, PA 17050-8510
_ STATEMENT
CUSTOMER I STATEMENT
_ _p E ._ TAGE? INSITE DEVELOPMENT INC.
i H3191159 1 04/01/09; 1 H3191159
,1078825 L N BILLING INQUIRIES 717-526-4781
PLEASE W RITE Y OUR CUSTOMER NUMBER ON YOU R CHEC K.
TRANSACTION TRANSACTION TRANS. INVOIC E AGING PLEASE CHECK
NUMBER STORE DATE TYPE AMOUNT DUE DATE C/P 30 60 90 120 ITEMS BEING PAID
80539503 18 03/03/09 INVC 108.12
80539504 18 03/03/09 INVC 60.42
80540558 18 03/04/09 INVC 349.80
80540634 14 03/04/09 INVC 5575.01
11010469 1 03/04/09 PYMT -66215.00 66215.00
11011532 18 03/27/09 PYMT -26000.00 26000.00
80558909 21 03/30/09 INVC 64.66
33109
it
i
L 18 03/31/09 FC 368.61
A FINANCE CHARGE OF 1-1/2% PER MONTH WHIH IS AN ANNUAL KAI t Ur 1079 WILL tit AJJtAJCU UN ALL YAJ I UVC
PREVIOUS BALANCE CURRENT CHGICRD CURRENT PMTS. FINANCE CHARGE NEW BALIAMT. DUE
118075.23 6158.01 92215.00 368.61 32386.85
LEZZER LUMBER CO.
PO Box 6424
Lancaster, PA 17607
Forward Service Requested
STATMIENT ENCLOSED INSITE DEVELOPMENT INC.
COMFORT SUITES HOTEL JOB
1943 MONTEREY DRIVE
MECHANICSBURG, PA 17050-8510
SECTION 2: CORPORATIONS / GOVERNMENT / CHURCHES / SPORTS LEAGUES /
CIVIC ORGANIZATIONS
BUSINESS INFORMATION
Name of Corporation or Entity Phone Number Federal Employer Identifrcatlon
X3/9
Address A-4 or_ city state zip
Ow! autrC? ?/?': I705v
Name of Bonding Co an Date of Inc State of Inc D & B # D d B Rating
Address of Bonding Company Have you ever declared bankruptry7 Aay unsatisfied judg ments against you?
OFFICER INFORMATION
Name of Officer Phone Number Title Social Security No.
Address City State Zip
Name of Officer Phone Number Title Social Security No.
. . ......... v
Address C' State zip
# 0
SITE DEVELOPMENT
1943 Monterey.Drive
Mechanicsburg, PA 17050
Name of Officer Phont oociar Security No.
Address city state Zip
SECTION 4: REFERENCES
(ALL APPLICANTS MUST FULLY COMPLETE THIS SECTION)
PRINCIPAL CHECKING ACCOUNT INFORMATION
Name of Bank Account Number Phone Number Contact Pe on
60 .. ALA ex-_ S ,-Gtr 1.5 5r 1 &141 1
Address city state /11'/ ZIP
N
PRINCIPAL LENDER INFORMATION
Name of Lender Phone Number Contact Person
?'"" s a sa ? A-
Address City State Zip
o 1hfX llpea
Total Amount of Loans Line of Credit? If Yes, Limit?
BUSINESS CREDIT REFERENCE INFORMATION
Name of Supplier Phone Number Credit Limit Contact Person
Address City State Zip
Name of Supplier Phone Number Credit Limit Contact Person
Address city state zip
Name of Supplier Phone Number Credit Limit Contact Person
Address city state zip
Name of Supplier Phone Number Credit Limit Contact Person
Address city state zip
SECTION 5: REQUEST FOR CREDIT - (ALL APPLICANTS MUST FULLY COMPLETE THIS SECTION)
What is the imated cost of the project? How much credit are you requesting? Tax Exempt? (if yes, anacn ed exempaorncertiecate)
es ONo
Do you pl to fain ba financing? if yes, Name of Bank Name of Loan Officer
es O No
Purchase roers required to charge? If No, please list names of person authorized to charge on this account
,CDIes O No
Store you are requesting credit from?
SECTION 7: AUTHORIZATION TO OBTAIN CREDIT INFORMATION
% (ALL APPLICANTS MUST FULLY COMPLETE THIS SECTION)
Authorization is given to Lezzer Holdings, Inc., to obtain or exchange any information
it may require relative to this application from any source, including our financial institutions and
trade suppliers, and I/We authorize each source to provide Lezzer Holdings, Inc., with such
information.
We further authorize that a photocopy or facsimile of this authorization be considered as
valid as an original.
Sig Date
Signature
Signature
Signature
Date
Date
Date
DO NOT WRITE BELOW THIS LINE
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BIZ
BABST CALLAND I CLEMENTS I ZOMNIIZ
A PROFESSIONAL CORPORATION
ELIZABETH A. (BETSY) DUPUIS
Attorney at Law
T 814.867.8055 March 27, 2009
bdupu.is @Gccz. cans
Via Certified Mail Return Receipt Requested
And Regular Mail
Insite Development, LLC
1943 Monterey Drive
Mechanicsburg, PA 17050
Insite Hospitality, LLC
1943 Monterey Drive
Mechanicsburg, PA 17050
Re: Property Located at 2055 Technology Parkway, Mechanicsburg, Hampden
Township, Cumberland County, Pennsylvania
Notice to Owner of Intent to File a Mechanics' Lien Claim
Dear Gentlemen:
Please be advised that. this firm represents Lezzer Lumber, Inc. ("Lezzer").
You are hereby notified that Lezzer intends to file a Statement of Mechanics' Lien upon
the premises herein described thirty (30) days from receipt hereof unless all monies which are
currently due and owing Lezzer are received within that time.
Lezzer, a materialman and/or subcontractor for Insite Development, LLC furnished labor
and building materials and supplies including, but not limited to, vanity tops, closet doors and
tub wall kits, for use at the premises identified as Comfort Suites, 2055 Technology Parkway,
Mechanicsburg, Cumberland County, Pennsylvania, Tax Parcel Number 10-14-0839-023.
The total amount of the contract between Insite Development and Lezzer is $55,232.00,
of which the amount of $23,657.00 is due and unpaid as of the date hereof. The materials and
services were provided pursuant to the contract between Insite Development and Lezzer and
Lezzer substantially completed its work on or about March 25, 2009, although current work
orders are presently outstanding.
Please feel free to contact me to discuss this matter.
BABST CALLAND CLEMENTS ZOMNIR, P.C.
By;
t izab A. Dupuis, Esq re
cc: Tom Yontosh, Lezzer Lumber, Inc. EXHIBIT
SUITE 302 330 INNOVATION BLVD. I STATE COLLEG 055 1 F 814.867.8051 1 WWW.BCCZ.COM
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Sheriffs Office of Cumberland County
R Thomas Kline
Sheri
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant
Edward L Schorpp
Solicitor
,,.Or Q C11mbrr1,7,
OFF CE - - .,?q'IK r=
F11 FQ-U:;---i1t'E
OF THE F C T 1 (7W1TARY
2004 SEP I I AM 8: 4 2
JUNITY
PENNSYi:}/i' 1A
I
Lezzer Lumber, Inc.
vs.
Insite Development, LLC
Case
2009-
SHERIFF'S RETURN OF SERVICE
09/08/2009 01:05 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that) n
September 8, 2009 at 1305 hours, she served a true copy of the within Statement of Mechanics L n
Claim, upon the within named defendant, to wit: Insite Development, LLC, by making known unto onald
Erwin, adult in charge at Cumberland County Sheriffs Office 1 Courthouse Square Room 303 Car{li le,
Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him persoh Ily the
said true and correct copy of the same.
SHERIFF COST: $28.44
September 08, 2009
SO ANSWER ,
R THOMAS KLINE, SHERIFF
llep ty Sheriff